Minister for Justice Frances Fitzgerald is in breach of a statutory obligation to publish the O’Higgins Garda whistleblower report “as soon as possible”, her predecessor Alan Shatter has claimed.

Mr Shatter said the Minister had received the report a week ago, and while it was “not unreasonable that the Minister should have a few days...a week has now passed.”

Alleged details were leaked to journalists about the conclusions of the report of the O’Higgins inquiry into allegations made by Sergeant Maurice McCabe and others about Garda malpractice in the Cavan/Monaghan division.

It is believed to clear Mr Shatter of allegations that he had failed to heed the voice of Sgt McCabe and to state that former Garda commissioner Martin Callinan had at all times behaved appropriately in his dealings with the minister and the Department of Justice. Events surrounding the controversy had led to the departure from office of both men.

The report is also understood to have said Sgt McCabe acted in good faith and though not all of his allegations were upheld he had acted with legitimate concern and at considerable personal cost.

The former minister for justice said on RTÉ's This Week programme that "under the legislation there is an obligation to publish the report of a commission of investigation as soon as possible".

Mr Shatter noted that the report of the Fennelly Commission into the events that preceded the resignation of the Garda commissioner was published by Acting taoiseach Enda Kenny the day after it was received by government.

But it was now a week since the O’Higgins report, currently under consideration by the Minister for Justice and the Attorney General, was given to government.

“Under the legislation there is an obligation to publish the report of a commission of investigation as soon as possible.”

He said “I believe at this stage she’s in breach of that statutory obligation.”

The Department of Justice said however the Minister was obliged to establish whether there was anything in the report that might prejudice criminal proceedings, and this could require further legal advice.

That process would be completed as quickly as possible and if there was nothing prejudicial to court proceedings in the report, it would be published “very shortly”.

The Minister understood the desire to have the report published but “she would be open to justifiable criticism if she failed to follow the strict legal requirements in relation to publication of Commission reports and this, in turn, led to criminal proceedings being prejudiced”.

Mr Shatter said he believed there were no impediments to publication.

Asked if he had lifted the phone to ask Ms Fitzgerald about the issue he said “I find it very disappointing that a former colleague hasn’t ensured in the circumstances that arose that this report is published”.

He said very serious allegations were made by Sgt McCabe about Garda failures, against the former Garda commissioner and an assistant Garda Commissioner. A Chief Superintendent and two Superintendents were similarly accused, he added.

“These are issues of enormous public importance. The Minister does not have the luxury of sitting back and not publishing it.”

He could see in the context of ongoing discussions to form a government why political parties would want the report left on the shelf but was surprised there was no “clamour” for publication by Fianna Fáil and the Independents, because there might be recommendations from the report requiring change that could have implications for the programme for government.